Treason--The Vessels Seized by Virginia.

We are not sure that Government is not putting "too fine a point upon it," in a recent letter to Mr. HEINECKEN, of the New-York and Virginia Steamship Company, touching the proposition of Governor LETCHER to become the purchaser, for the State of Virginia, of the steamships Yorktown and Jamestown. As we understand the matter, the chivalry I have seized the ships, and hold them as their own property by the "simple rule" and "good old plan" of plain theft. By some unaccountable sting of official conscience, Governor LETCHER is impelled to offer payment for them to the proprietors, probably in Virginia bonds, or some similar currency; but, al all events, payment of some description. The owners wrote to the State Department to inquire if it would answer for them to take the Governor's money, and the Secretary replied that the executive authorities of Virginia are "public authorities" -- that to sell them steamships to be employed in the business of overthrowing the Government of the United States would be to give them "aid and comfort" -- all of which we hold to be good sense and good law. But the Secretary goes on to say -- that "to receive money from them in payment for vessels which they have seized for those purposes, would be to convert the seizure into a sale, and would subject the party so offending to the pains and penalties of treason; and the Government would not hesitate to bring the offender to punishment."

Here we think the Secretary errs, and treats the subject rather as a wise, pious lawyer than Now, high treason, under our Constitution, consists only in levying war against the United States, or in "adhering to their enemies," giving them "aid and comfort." These, phrases are taken from an old English statute of EDWARD III, and have frequently been the subject of judicial interpretation. The mere fact of giving aid and comfort, is "adherance" to the enemy. Going on board one of JEFFERSON DAVIS' privateers with the intention of crushing against loyal commerce, is adherence to the enemy, without the commission of any act of hostility. The writing of letters intended to be delivered to the enemy, with the view of conveying such intelligence as might assist them in carrying on the war against the Government or in avoiding the destination of our enterprises and armaments against them, has been held to be aid and comfort, bringing the writer within the pains and penalties of treason. And it makes no difference whether the writer is a private person, with no special opportunities of obtaining information, or an officer of the army or navy, or otherwise engaged in the public service. All such correspondence is treason. We apprehend there are some few individuals still left in the city of New-York, who might profit by a just appreciation of the law on this particular point.

But still we apprehend that there must be a substantial rendering, or attempt to render "aid and comfort" to the enemy, with a hostile latent, to constitute the crime of treason. The guilty intent must accompany the guilty act. To sell vessels of war to the enemy, or to permit them by connivance to fall into the enemy's hands, by sending them into the enemy's harbors in a time of war or of anticipated war, could not be otherwise interpreted than as an act of treason. But the Yorktown and Jamestown entered the waters of Virginia at a time when her people were esteemed so friendly that the United States permitted their own ships of war to remain without competent defenders in her harbors and at her Navy-yards. The United States, it is said, had declined to act upon suggestions from Commodore MACAULAY about this time, on the ground that Virginia was at peace, and would remain at peace unless she were provoked into collision by the disturbance of the existing status. It was clear enough then that there was no necessary evil intent in the owner of steamships in continuing them in their accustomed service, even if it led them into Virginia waters. Being there, then, innocently, they are seized by Gov. LETCHER without any guilty connivance of the owners. Here is a fact accomplished, which is the starting point of Mr. HEINECKEN'sproposition. Now, Virginia is in possession of the ships, and the question is whether she would be most distressed by paying for them, or by taking them without payment. How could Mr. HEINECKEN render aid and comfort to Virginia under these circumstances, by taking her money? It would really look as if the Government were rendering her aid and comfort by relieving her from the responsibility of payment, for Virginia will be far too scrupulous, and conscientious and high minded to think of involving Mr. HEINECKEN in the pains and penalties of treason by insisting on his acceptance of the money. Even Gov. LETCHER, we doubt not, would prefer to see the value of these steamships liquidated in the shape of a claim against the United States than in any other practical mode of adjustment. Somebody must pay. The character of the transaction, as far as the United States is concerned, is not changed by any arrangement that Virginia may make with Air. HEINECKEN. If she sees fit to make her theft a purchase, as far as he is concerned, by payment, that payment does not render the original service any the less an act of treason against the United States. And we really cannot understand why the United States should assume the position of ultimate paymaster at a round figure in this business, when she might so readily remit Mr. HEINECKEN to a settlement with the rebel government, which, however fallacious it might prove, would at all events cast him off from all hope or claim of indemnity against the United States.

We have no disposition, of course, to criticise the acts of the Government, but unless there are points in this case which are not developed, or alluded to in the letter to Mr. HEINECKEN, it seems to us that for that gentleman, under the circumstances, to take the money of the Old Dominion (if he can get it) is the oddest way in the world of rendering her "and and comfort."

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A version of this archives appears in print on May 19, 1861, on Page 4 of the New York edition with the headline: Treason--The Vessels Seized by Virginia. Order Reprints|Today's Paper|Subscribe